These terms and conditions ("Agreement") apply to your purchase of products sold in the
United States ("Product") by Firefox Store Management Solutions ("Firefox") or PCA Sierra Nevada Region via the PCA Sierra Nevada Region web store.
By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement.
If you do not wish to be bound by this Agreement you must notify Firefox or PCA Sierra Nevada Region immediately
and return your purchase pursuant to the Return Policy. If returned, Product(s) must remain in the boxes or
packaging in which they were shipped.
Payment Terms and Orders:
The terms of payment for products ordered through this web store are within Firefox's or PCA Sierra Nevada Region's
sole discretion and, unless otherwise agreed to by Firefox or PCA Sierra Nevada Region, payment must be received by
Firefox or PCA Sierra Nevada Region prior to Firefox's or PCA Sierra Nevada Region's acceptance of an order. Payment for
products ordered must be made by credit card, debit card or by eCheck or by PayPal account. Your order is subject
to cancellation by Firefox or PCA Sierra Nevada Region at Firefox's or PCA Sierra Nevada Region's sole discretion.
Neither Firefox nor PCA Sierra Nevada Region is responsible for pricing, typographical or other errors in any offer by
Firefox or PCA Sierra Nevada Region and Firefox and PCA Sierra Nevada Region reserves the right to cancel any orders resulting from such errors.
Shipping, Handling, Shipping Charges, Taxes, Title and Risk of Loss:
Shipping and handling are additional charges unless otherwise expressly indicated at the time of sale. Title to products
passes from Firefox, its suppliers or PCA Sierra Nevada Region to you on shipment from Firefox's or PCA Sierra Nevada Region's facility or
directly from Firefox's or PCA Sierra Nevada Region's suppliers (drop shipment). Neither Firefox nor PCA Sierra Nevada Region nor its suppliers will be liable for any delay in the delivery of goods or any damages incurred or suffered during
shipping. All claims for damaged goods or goods lost in transit must to be made with the carrier for your shipment.
For Products shipped to the USA unless you provide Firefox or PCA Sierra Nevada Region with a valid and
correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location,
you are responsible for sales and other taxes and/or duties associated with the order. For Product shipped to
countries other than the United States you are responsible for import, sales and
other taxes and/or duties associated with the order. Shipping dates are estimates only.
Neither Firefox nor PCA Sierra Nevada Region can accept any responsibility for mistakes or errors on orders placed. You
must check and inspect all orders for accuracy prior to confirming them through the web stores and completing the
order process. The order process is complete once you receive a combined order acknowledgement and invoice by email.
Limitation of Liability:
PCA SIERRA NEVADA REGION ACCEPTS NO LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT
LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE. EXCEPT AS EXPRESSLY PROVIDED HEREIN,
PCA SIERRA NEVADA REGION WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY
LIABILITY RELATED TO THE PURCHASE OF PRODUCT, PCA SIERRA NEVADA REGION IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS
AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Force Majeure:
If Firefox or PCA Sierra Nevada Region is hindered or prevented (whether temporarily or permanently) from procuring
supplies to enable it to supply products or if such supply is prevented or hindered by reason, without limitation,
of Act of God, war, Act of Federal, State or Country Government, or orders, regulations or bye laws made under
statutory authority, labor disputes including Firefox or PCA Sierra Nevada Region labor force, interruption of power supply, failure of sources of supply, interference by a third party, civil commotion,
fire, flood or other natural disaster, or any causes of whatever kind and whenever occurring being a cause beyond
the control of Firefox or PCA Sierra Nevada Region, (circumstances of Force Majeure), then Firefox or PCA Sierra Nevada Region may cancel performance of the contract for as long as and to the extent that the prevention or hindrance may
last and such cancellation shall not give rise to any claims by the Customer, and the Customer shall remain liable
to pay for the product or products ordered prior to the date of such cancellation.
Applicable Law and Governing Law:
You agree to comply with all applicable laws and regulations of the
various states and of the United States. You agree and represent that you are buying only for your own use only and not for resale. THE PARTIES AGREE THAT THIS
AGREEMENT, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND
PCA SIERRA NEVADA REGION arising from or relating to this agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from this agreement, PCA Sierra Nevada Region's
advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE
STATE OF NEVADA WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Other Documents:
This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed
to in a written agreement signed by both you and Firefox or PCA Sierra Nevada Region. If you do not receive an invoice
or acknowledgement via e-mail, information about your purchase may be obtained by logging into your account on the
PCA Sierra Nevada Region web store.
Binding Arbitration:
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN PCA SIERRA NEVADA REGION,
their agents, employees, principals, successors, assigns, affiliates arising from or relating to this Agreement, its
interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement
(including, to the full extent permitted by applicable law, relationships with third parties who are not signatories
to this Agreement), PCA Sierra Nevada Region's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATIONADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect. The arbitration will be limited solely to the dispute or controversy between customer and PCA Sierra Nevada Region.
NEITHER CUSTOMER NOR PCA SIERRA NEVADA REGION SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST
OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION.
This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in
any court of competent jurisdiction. PCA Sierra Nevada Region will be responsible for paying any arbitration
filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for
initiating a claim in the court of general jurisdiction where you reside. Each party shall pay for its own costs and
lawyers' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party lawyers'
fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing
party, under the standards provided by law.
Headings:
The section headings used herein are for convenience of reference only and do not form a part of these terms and
conditions of sale and no construction or inference shall be derived there from.
